Order 1

Order Details: Order
Pdf Text: 1 C. C. No.4640/SS/2018
Exh.9
ORDER BELOW EXH.9
1. This is an application filed by accused for discarding
examination-in-chief of complainant as it is not as per the
provisions and rules laid down in the Criminal Manual of the
Bombay High Court mentioned in Chapter-VII.
2. In short, the accused has given much stress on the
verification clause in the affidavit of evidence of the complainant
wherein the complainant has not stated about the source of
information and his personal knowledge in respect of the contents
of affidavit.
3. However, careful perusal of the affidavit of evidence
of the complainant at Exh.7 shows that the complainant has
specifically mentioned that the contents of his affidavit are true
and correct to the best of his knowledge and belief. Apart from
this, the accused is having opportunity of cross-examining the
complainant on the said aspect. In such circumstances, the
question of discarding the affidavit of evidence of the complainant
does not arise on the basis of mere vague contentions raised by the
accused. Rather it appears from record that since year 2025 the
matter is pending for submitting say on behalf of accused on
documents filed by complainant and this application is filed only
with an intention to protract the trial. Consequently, the
application stands rejected with costs of Rs.1,000/- to be paid to
the complainant on or before next date and with further directions
that the accused shall proceed with the matter without further
delay, failing which further necessary order shall be passed.
Date : 06/08/2026
( D. P. Kasat)
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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